Jersey Unreported Judgments

[2009]JRC033

ROYAL COURT

(Samedi Division)

23^rd February 2009

Before     :

Sir Philip Bailhache, Kt., Bailiff and Jurats Le Brocq and Tibbo.

The Attorney General

-v-

Matthew Donovan Norris

Magistrate's Court Appeal by the Prosecution asking for a 3 year disqualification on Count 6.

Advocate R. C. P. Pedley Esq., for Her Majesty's Attorney General.

The Defendant appeared in person.

JUDGMENT

THE BAILIFF:

1.        This is a case stated by the Attorney General arising from the sentencing of Matthew Donovan Norris by the Magistrate's Court on 28^th November, 2008. 

2.        On that date Norris pleaded guilty to a charge of failing without reasonable cause to provide a specimen when required to do so, contrary to Article 30(7) of the Road Traffic (Jersey) Law 1956.  That statutory provision provides:-

"A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this Article shall be guilty of an offence and liable to a fine not exceeding £2000 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment".

3.        On the 28^th November, Norris was sentenced to 3 months' imprisonment for this offence and no period of disqualification was imposed by the Acting Magistrate.

4.        Norris had previously been disqualified from driving for 2 years on 23^rd June, 2004, for the same offence of failing to provide a specimen when required to do so.  Article 30(8) of the Road Traffic (Jersey) Law 1956 provides that:-

"A person convicted of a motoring offence under this Article shall, unless the court for special reasons thinks fit to order otherwise and without prejudice for the power of the court to order a longer period of disqualification, in the case of a first offence, be disqualified for a period of 12 months and in the case of a second or subsequent offence committed within 10 years of the last such offence, for a period of 3 years, for holding or obtaining a licence".

5.        On 30^th December, 2008, at the request of the Attorney General the Acting Magistrate stated a case for the opinion of the Royal Court on the question of law involved.  He confirmed that Norris should have been disqualified for a minimum of 3 years, there being no special reasons to order otherwise, and that in not doing so he had erred in law.  Article 22(1) of the Magistrate's Court (Miscellaneous Provisions)(Jersey) Law 1949 provides that:-

"The court ... may reverse, affirm or amend the determination in respect of which the case has been stated, or remit the matter to the Magistrate's Court".

6.        We are quite clear that a mistake of law was made by the Acting Magistrate.  The Crown Advocate has not suggested that there are any special reasons applying in this case which might mitigate against a disqualification for a period of 3 years.  For our part we can see no reason to extend the period of 3 years by imposing a longer disqualification and it is convenient for the matter to be dealt with by this Court rather than by remission to the Magistrate's Court.

7.        We accordingly allow the appeal by the Attorney General and order the disqualification of Matthew Donovan Norris from holding a driving licence for a period of 3 years, that period to date from his conviction on 28^th November, 2008.

Authorities

Road Traffic (Jersey) Law 1956.

Magistrate's Court (Miscellaneous Provisions)(Jersey) Law 1949.